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Courts can allow changes in criminal complaints if no prejudice caused: SC
Courts can allow changes in criminal complaints if no prejudice caused: SC

Hindustan Times

time13 minutes ago

  • Politics
  • Hindustan Times

Courts can allow changes in criminal complaints if no prejudice caused: SC

New Delhi, The Supreme Court on Friday said procedure was only a "handmaiden and not a mistress of justice' and held courts can allow amendment in criminal complaints if changes do not cause any prejudice to the accused in trial. Courts can allow changes in criminal complaints if no prejudice caused: SC A bench of Justices B V Nagarathna and K V Viswanathan further observed procedural law was meant to aid justice, not hinder it. The top court's verdict reinforced the principle that procedural technicalities must not override the course of justice and allowed an amendment in a criminal complaint filed under Section 138 of the Negotiable Instruments Act. When a charge is altered, the court said, if there is no prejudice to the accused, the trial can proceed. 'Further, if it is likely to prejudice, the court may either direct a new trial or adjourn the trial to such a period. Section 217 of the CrPC grants liberty to the prosecutor and the accused to recall witnesses when charges are altered under the conditions prescribed therein. The test of 'prejudice to the accused' is the cardinal factor that needs to be borne in mind,' it added. The court found it appropriate to observe that amendments to complaints were "not alien" to the Code of Criminal Procedure . 'Section 216 of the CrPC deals with the power of court to alter any charge and the concept of prejudice to the accused. No doubt when a charge is altered, what is altered is the legal provision and its application to a certain set of facts. The facts per se may not be altered….,' the bench said. The case at hand stemmed from a complaint that three cheques issued by the respondents, amounting to ₹14 lakh, dishonoured. The complaint alleged the cheques were issued for the purchase of 'Desi Ghee '. However, the complainant later sought to amend the complaint to correct a purported typographical error stating that the goods sold were actually 'milk.' While the trial court allowed the amendment in September 2023, holding no prejudice would be caused as the cross-examination had not yet begun, the Punjab and Haryana High Court reversed its decision. The high court observed the amendment changed the nature of the complaint and potentially had tax implications under the GST regime. Setting aside the high court verdict, the top court held the amendment was a 'curable irregularity' and that it did not cause any prejudice to the accused. This article was generated from an automated news agency feed without modifications to text.

Student suicides: Continued loss of young lives reflect systemic failure, says SC
Student suicides: Continued loss of young lives reflect systemic failure, says SC

Hindustan Times

time29 minutes ago

  • Hindustan Times

Student suicides: Continued loss of young lives reflect systemic failure, says SC

New Delhi, The Supreme Court on Friday said the continued loss of young lives by way of suicides reflected "a systemic failure" and said the issue "cannot be ignored". Student suicides: Continued loss of young lives reflect systemic failure, says SC A bench of Justices Vikram Nath and Sandeep Mehta, which passed a slew of pan-India guidelines to deal with the issue, said the National Crime Records Bureau statistics published in 2022 titled "Accidental Deaths and Suicides in India" painted a "deeply distressing picture". "The continued loss of young lives, often due to preventable causes rooted in unattended psychological distress, academic overburden, social stigma, and institutional insensitivity, reflect a systemic failure that cannot be ignored," it said. India recorded 1,70,924 reported suicide cases in 2022, of which 7.6 per cent, approximately 13,044, were student suicides. The bench said notably, 2,248 of these deaths were attributed directly to failure in examinations. The NCRB data further reflected the suicides among students in the last two decades increasing from 5,425 in 2001 to 13,044 in 2022. " of an increasing number of suicides in educational institutions, inter alia, including schools, coaching institutes, colleges, and training centres, we feel obliged to acknowledge and address the gravity of the mental health crisis afflicting students in educational institutions across the country," the bench said. The bench was acting on an appeal against an Andhra Pradesh High Court order rejecting the plea to transfer the investigation into the unnatural death of a 17-year-old National Eligibility-cum-Entrance Test aspirant, preparing in Vishakhapatnam, to the CBI. The top court said the NCRB data revealed a distressing pattern of rising student suicides. It said mental health was an integral component of the right to life under Article 21 of the Constitution. The bench said given the pressing nature of the crisis, particularly in cities like Kota, Jaipur, Sikar, Vishakhapatnam, Hyderabad, and Delhi, where students migrate in large numbers, immediate interim safeguards are the call of the day. It issued 15 guidelines, which included that all educational institutions shall ensure optimal student-to-counsellor ratios. "Dedicated mentors or counsellors shall be assigned to smaller batches of students, especially during examination periods and academic transitions, to provide consistent, informal, and confidential support," it said. The bench said all educational institutions shall establish written protocols for immediate referral to mental health services, local hospitals, and suicide prevention helplines. "Suicide helpline numbers, including Tele-MANAS and other national services, shall be prominently displayed in hostels, classrooms, common areas, and on websites in large and legible print," it said. It said all teaching and non-teaching staff shall undergo mandatory training at least twice a year, conducted by certified mental health professionals, on psychological first-aid, identification of warning signs, response to self-harm, and referral mechanisms. The bench said all educational institutions shall ensure that all staffs are adequately trained to engage with students from vulnerable and marginalised backgrounds in a sensitive, inclusive, and non-discriminatory manner. "This shall include, but not be limited to, students belonging to Scheduled Castes , Scheduled Tribes , Other Backward Classes , Economically Weaker Sections , LGBTQ communities, students with disabilities, those in out-of-home care, and students affected by bereavement, trauma, or prior suicide attempts, or intersecting form of marginalisation," it said. The bench said every such institution shall constitute an internal committee or designated authority empowered to take immediate action on complaints about sexual harrasment, ragging and others and provide psycho-social support to victims. It said all educational Institutions shall regularly organise sensitisation programmes for parents and guardians on student mental health. It said mental health literacy, emotional regulation, life skills education and awareness of institutional support services shall be integrated into student orientation programmes and co-curricular activities. "All educational institutions shall maintain anonymised records and prepare an annual report indicating the number of wellness interventions, student referrals, training sessions, and mental health-related activities," the bench said. It said examination patterns shall be periodically reviewed to reduce academic burden and to cultivate a broader sense of identity among students beyond test scores and ranks. It said all educational institutions, including coaching centres and training institutes, shall provide regular, structured career counselling services for students and their parents or guardians. "All residential-based educational institutions, including hostel owners, wardens and caretakers, shall take proactive steps to ensure that campuses remain free from harassment, bullying, drugs....," the bench said. It asked the Centre to file a compliance affidavit before the court within 90 days. "The affidavit shall also indicate the expected timeline for the completion of the report and recommendations of the National Task Force on mental health concerns of students," it said. This article was generated from an automated news agency feed without modifications to text.

Pakistan: Sindh farmers to boycott wheat cultivation over 45% "unconstitutional" Agri-Tax
Pakistan: Sindh farmers to boycott wheat cultivation over 45% "unconstitutional" Agri-Tax

Canada News.Net

time3 hours ago

  • Business
  • Canada News.Net

Pakistan: Sindh farmers to boycott wheat cultivation over 45% "unconstitutional" Agri-Tax

Sindh [Pakistan] July 25 (ANI): The Sindh Chamber of Agriculture (SCA) has stated its intention to contest the 45 per cent agricultural income tax in court. It has labelled the tax as 'unconstitutional, illegal and unethical,' urging its members and farmers throughout Sindh to refrain from cultivating wheat this year, as reported by Dawn. This decision was made during a meeting of the chamber held on Tuesday, chaired by its patron-in-chief, Syed Nadeem Qamar. The attendees rejected the tax, asserting that it was enforced under the influence of the International Monetary Fund (IMF). Farmers present at the meeting contended that they were not receiving fair compensation for their crops, thus questioning the validity of the tax's imposition, as reported by Dawn. The meeting urged farmers across Sindh to refuse payment of the tax and cautioned that if the government attempted to arrest them for this defiance, many other farmers would also be willing to face arrest. 'We are prepared to endure imprisonment, but we will not pay the agricultural income tax,' declared the leaders representing farmers at the meeting. The participants announced a total boycott of the agricultural income tax and requested concessions similar to those afforded to industrialists, as noted in the Dawn report. The SCA called on farmers to abstain from wheat cultivation for the 2025-26 season, arguing that they were not receiving sufficient support prices. The farmers committed to planting alternative crops such as mustard, nigella (kalonji), sunflower, and other oilseeds instead. They explained that due to significantly low wheat prices, they were unable to recoup production costs and that this year would be recognised as a 'boycott year' for wheat farming. The chamber expressed serious concern over a 40% drop in cotton production, estimating that yields would not surpass four million bales. It mentioned that farmers were only receiving Rs6,500 per maund for cotton, despite the Sindh agriculture minister's promise of Rs11,000 per maund, which had not materialized. The SCA called for the elimination of the 18% local tax on cotton and proposed a 25% tax on imported cotton to discourage imports and encourage local production. It voiced concern over escalating costs for agricultural inputs, noting a Rs 22 per litre increase in diesel and a Rs 600 per bag rise in DAP fertiliser in just the last 15 days. It cautioned that the soaring costs of essential agricultural inputs were debilitating farmers, especially as they were not being paid fair prices for their yields. These developments, it warned, pointed to a systematic destruction of the agricultural sector. The chamber demanded an immediate retraction of the price hikes for diesel, fertilisers, seeds, pesticides, and other farming essentials, as reported by Dawn.(ANI)

‘Cruel initiative': Farmers call for end to 45% agricultural income tax
‘Cruel initiative': Farmers call for end to 45% agricultural income tax

Business Recorder

time6 hours ago

  • Business
  • Business Recorder

‘Cruel initiative': Farmers call for end to 45% agricultural income tax

Small and progressive farmers have called for abolishing the 45% agricultural income tax, describing it as a cruel initiative that will annihilate the entire agriculture sector given they have been dealing with 20%-50% underpricing of agricultural produce since the last couple of years. These farmers have said they will challenge the tax in the courts while declaring it as 'illegal' and 'unconstitutional'. Moreover, the farmers say they already been paying 5% to 15% agricultural income tax and advance agricultural income tax worth Rs200 per acre since 1994. IMF agreed to spare agriculture sector from taxes, says PM Shehbaz Sindh Chamber of Agriculture (SCA) Senior Vice President Nabi Bux Sathio told Business Recorder: 'Let me dispel common misconception of industrialists and trade bodies that agriculturalists do not pay taxes.' 'We are paying taxes since 1994 while we are not given loans by banks and no privileges like special industrial zones or special export zones etc by the government. Has the government any justification to increase agricultural income tax from 15% to 45%, while agricultural produce in the range of Rs600,000 is exempted from the tax?' He said industrialists, wholesalers and retailers can fix prices of their products but agriculturalists are at the mercy of the market. SCA rejects '45pc agricultural income tax' 'We are getting low prices for our agricultural produce since Jan 2024 - around 19 months. We are getting 20%to 50% less money for wheat, paddy (rice), cotton, oil seed crops and others. However, we have got a better price of sugarcane.' 'There are three main inputs for crops such as seeds, fertilizers and diesel. I get a 50 kg bag of DAP [phosphatic fertilizer] at Rs9,000, urea at Rs2,600, 1kg of hybrid rice seed at around Rs1,500, per litre diesel at Rs186 in 2023, while they are right now being sold at Rs13,000, Rs4,400,Rs2,000 and Rs286 respectively at a local market,' he added. Farmers Organisation Council Sindh Chairman Jawaid Junejo said there is a plan to destroy the agriculture sector which may bring about food insecurity in the country. He said the government must review its decision and give relief to farmers so that they may grow crops which can benefit the country and countrymen.

UAE securities regulator fines company $1.36mn for money laundering violations
UAE securities regulator fines company $1.36mn for money laundering violations

Arabian Business

time10 hours ago

  • Business
  • Arabian Business

UAE securities regulator fines company $1.36mn for money laundering violations

The Securities and Commodities Authority (SCA) has imposed a record fine of AED 5 million on a licensed company and referred the matter to the Public Prosecution for violations of anti-money laundering laws and counter-terrorism financing regulations. The enforcement action represents a major move by the UAE's financial regulator to maintain market integrity and enforce regulatory compliance within the country's financial sector, the Emirates News Agency (WAM) said in a statement. An investigation revealed that the sanctioned entity collaborated with an overseas company to engage in practices that targeted investors within the UAE. The company falsely suggested that the foreign partner was licensed by the Authority, with investigators determining the intent was to misappropriate client funds. The violations confirmed by the Authority included breaches of anti-money laundering (AML) laws, counter-terrorism financing regulations, and measures related to the funding of organisations engaged in unlawful activities. The SCA stated that the referral of the case to judicial authorities demonstrates 'the Authority's unwavering commitment to transparency and to upholding the highest standards of regulatory compliance.' By escalating the case to the courts, the regulator said it had 'reaffirmed its commitment to transparency, deterrence, and regulatory compliance, in line with international best practices.' The Authority emphasised its approach to supervision, stating it maintained 'strategic focus on oversight, risk-based supervision, and compliance enforcement, all of which support the UAE's positioning as a trusted and competitive financial hub.' The case marks the latest in a series of enforcement actions by the SCA. Earlier this year, the Authority announced financial penalties totalling AED 1.15 million against companies since the beginning of January 2025, demonstrating continued regulatory scrutiny of the UAE's financial services sector. The AED 5 million penalty represents the largest fine imposed by the SCA for such violations, underlining the regulator's commitment to deterring financial misconduct and protecting investors in the UAE market.

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